Disability Rights

05/15/2012

A federal appeals court has overturned a ruling that would have required New York State to offer relocation to more than 4,000 people with mental illnesses from group homes to the community.

A three-judge panel of the U.S. Court of Appeals for the Second Circuit said that the plaintiff, Disability Advocates, Inc., did not meet the legal qualifications to sue state agencies on behalf of its clients. The panel did not disagree with the lower court’s finding that keeping the clients in institutional homes violates the Americans with Disabilities Act (ADA).

04/15/2012

The New York State Health Foundation (NYSHealth) has released a report about the 700,000 people in the state who are enrolled in both Medicaid and Medicare, with the goal of improving the coordination and integration of care.

Mathematica Policy Research completed the report that was funded by NYSHealth and titled, “Integrating Care for Dual Eligibles in New York: Issues and Options.”

A coalition of 79 groups has filed an amicus brief with the U.S. Supreme Court in the case, Florida v. HHS (United States Department of Health and Human Services).

The amicus brief, or “friend of the court” brief, is a response to the State of Florida’s lawsuit that seeks to repeal the Patient Protection and Affordable Care Act (PPACA). The document says the Supreme Court’s challenge to the Affordable Care Act’s expansion of Medicaid eligibility will endanger a range of federal-state programs.

03/15/2012

Advocates for people with disabilities are having mixed reactions to the New York State Executive Budget for 2012-13, released by Gov. Andrew Cuomo on January 17th.

The Center for Disability Rights, Inc. (CDR) issued a statement supporting the budget’s proposed reinvestment of Medicaid savings from hospital and nursing home closures or bed de-certifications toward housing but specified that the funds should support inclusive housing.

A panel appointed by the American Psychiatric Association has proposed changes to the definition of autism that advocates fear could curtail heightening rates of autism diagnoses and make it more difficult to receive treatment.

The proposal comes as part of an update to the Diagnostic and Statistical Manual of Mental Disorders (DSM) for its upcoming fifth edition.

The U.S. House of Representatives voted to repeal the Community Living Assistance Service and Support (CLASS) Act but the bill remains in limbo.

The CLASS Act, a long-term care insurance program that is part of the Patient Protection and Affordable Care Act, was intended to provide payment assistance for people who develop physical disabilities to live independently.

02/15/2012

Cathryn Bonnette has won her first legal battle: earning the right to practice law in Washington, D.C.

On July 13th, Bonnette won her case against the D.C. Court of Appeals and the National Conference of Bar Examiners (NCBE), earning the right to take the exam with her chosen form of technology. She then passed the test, according to the Memorandum Opinion for the case that she filed with the United States District Court for the District of Columbia.

Bonnette is a legally blind law school graduate in Arlington, Virginia who sought to take the Multistate Bar Exam in July using a computer with the accessible screen-reading program Job Access With Speech (JAWS), according to the decision filed by U.S. District Judge Colleen Kollar-Kotelly.

A City Council hearing late last year has led to two new bills promoting business accessibility.

City Council Member Deborah Rose is the primary sponsor of Intro 744, which would require agencies to educate business owners on issues concerning access for persons with disabilities. The bill is co-sponsored by 19 Council members.

The bill would require the Mayor’s Office for People with Disabilities (MOPD) to work with city agencies to develop an education plan for business owners. According to the bill, “Such plan shall include, but not be limited to, education on federal, state and local disability access laws, common barriers to accessibility, and methods to help pay for modifications that are required to meet accessible standards.”

01/16/2012

Arleen Wolsiefer Probeyahn, an advocate for people with disabilities who had three autistic sons, passed away on October 19th. Her husband of fifty years, Roy Probeyahn, said the cause of her death was heart failure.

Probeyahn was born in Queens and raised in Merrick, Long Island. She met her husband at Wellington C. Mepham High School in North Bellmore, where both were students, and the two were married in Merrick in 1961. The three Probeyahn sons – Roy, Jr., Michael, & Glenn – are now in their 40s.

Judy Record, a longtime member and former chair of the Suffolk County Handicap Advisory Board (now known as the Suffolk County Disabilities Advisory Board), has passed away. She was 69.

Her husband Gilbert Record said, “I’m still reeling from it. I miss her so much. We were so close for 41 plus years. It’s just very hard to get used to it. Judy always had a smile – always – and I never heard her say a bad word about anybody. She was just an upbeat positive person especially so even with all her aches and pains. I think I was very lucky to have her and I wish I had her longer.”